A power of attorney is a legal document by which one person — the donor (also called the grantor or principal) — authorises another person — the attorney or agent — to act on their behalf. The attorney does not have to be a lawyer; the word simply means the person given the authority. A power of attorney lets someone else sign documents, manage money, or handle property for you when you cannot do it yourself, and it should state clearly what the attorney is and is not allowed to do.
There are two broad types. A general power of attorney gives the attorney wide authority to act in most matters — for example, to manage all of the donor's financial and property affairs. A specific (or special) power of attorney is limited to defined acts — for example, authority to sell one named parcel of land, operate a single bank account, or sign a particular contract. As a rule, give only the authority that is actually needed: a specific power of attorney is safer where the task is narrow, while a general one suits someone who needs another person to manage their affairs broadly.
People use a power of attorney for many everyday reasons: managing property or collecting rent, operating a bank account, signing documents, running a business interest, or being represented in a transaction while they are abroad or unwell. It is common where the donor lives or works outside Kenya and needs a trusted person at home to complete a sale — for example, to sign a car sale agreement or transfer a vehicle — register a land transfer, or attend to official dealings on their behalf.
A power of attorney must be made in writing, signed by the donor, and witnessed. For it to be relied on in official or high-value dealings, it commonly needs to be notarised — signed before a notary public or commissioner for oaths, the same officer who commissions an affidavit — and registered. In Kenya, a power of attorney that deals with land is registered at the relevant lands registry so that it can be used in dealings with that land, and a power executed abroad usually needs to be notarised and authenticated before it is used here. Requirements and fees change, so confirm the current requirement and fee with the registry or your advocate before you rely on the document.
A power of attorney can be revoked (cancelled) by the donor at any time while they still have capacity, usually by a written notice of revocation given to the attorney and, where the power was registered, by registering the revocation as well. A power of attorney also ends automatically when the donor dies, and — unless it is expressly made durable (stated to continue despite loss of capacity) — it ends if the donor becomes mentally incapacitated. This page is general guidance, not legal advice; for anything involving land, large sums, or lasting authority, have an advocate prepare or review the document.